When you’ve suffered an injury at work, it can disrupt all aspects of your life, including your ability to support yourself and your family. While workers’ compensation is an important safety net for a workplace injury, the insurers who provide this compensation are more than willing to protect their profits at your expense.
Filing errors or failure to meet a crucial deadline gives workers’ compensation the excuse they need to deny your claim. An experienced Saint Louis workers’ compensation lawyer protects against filing errors and defends your rights throughout the process.
How Long Do I Have to Report an Injury to My Employer?
The first step in protecting your right to workers’ compensation benefits in Missouri is reporting the injury. First, report the injury to your immediate supervisor as soon as possible—immediately after it occurs if you’re able. Ask your supervisor to fill out a workplace accident report with the details of your injury, including the date, time, type of injury, and the names of any eyewitnesses. Then, you must officially report the injury directly to your employer in writing.
While it’s always best to report the injury as soon as possible, the time limit for reporting an injury to your employer is 30 days from the date of the injury. Workers’ compensation will automatically deny a claim if the injury wasn’t reported to the employer within the 30-day time limit.
Always keep a copy of your written notification to your employer, including the date and time of delivery.
How Long Does My Employer Have to Report My Injury to Workers’ Comp?
Not only do you have a time limit to report your injury in writing to your employer, but then your employer has a deadline to report your injury to their workers’ compensation insurance provider and the Missouri Department of Labor. A Missouri employer has 30 days from the date they receive your notification to report your injury. Failing to report your injury could result in misdemeanor crime charges against the employer and your claim going directly to the Missouri Division of Workers’ Compensation.
How Long Do I Have to File My Missouri Workers’ Compensation Claim?
The time limits for filing a workers’ compensation claim go beyond the reporting requirements. Missouri has a two-year statute of limitations for filing a workers’ compensation claim. Many injured employees wait until they know the full extent of their damages and have reached their maximum medical improvement for the injury before filing a claim. This way, they receive a settlement for the full value of their claim. However, it’s crucial to avoid waiting too long to file for workers’ compensation. Workers’ comp will not consider a claim after the two-year statute of limitations has expired.
How Long Do I Have to File a Lawsuit Against a Third Party In a Missouri Workplace Injury Case?
Workers’ compensation insurance not only provides compensation for medical expenses and lost earnings, but it also protects employers against liability for an employee’s injury. However, depending on the cause and circumstances of your injury, a skilled Missouri workers’ compensation lawyer may also file a personal injury lawsuit against a non-employer third party on your behalf. For example, if your injury was caused by defective equipment or a contractor or subcontractor’s negligence, you could recover additional compensation, including for pain and suffering, which isn’t available through workers’ compensation in Missouri.